Preview

Indeterminate & Structured Sentencing

Good Essays
Open Document
Open Document
1106 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Indeterminate & Structured Sentencing
Indeterminate &Structured Sentencing To me Indeterminate Sentencing is a very degraded and/or very disturbed type of sentencing. In this sentencing a legislature is the one who has say as to what the terms will be for the crime that has been committed and a judge gets the decision as to what the sentence will be for the offender. As I look at this information I feel that the judge should have a say in what the sentence will be, but not have all the power as to what it will be. A Parole Board gets to determine as to what the amount of time is that the offender will spend in prison for the crime he or she has committed. In this type of sentencing, one of the guidelines is that when determining the sentence it should meet all of the needs of the offender.
Another is the Good Time Laws, which reduces his or her sentence if they have had good behavior while he or she has served time in prison. For Example, an offender might have received a sentence of a minimum of 1 year and a maximum of 20 years, but the exact number of years to be served would be determined by the prisoner’s progress toward rehabilitation (CJ 2010 Textbook Pg 140). This type of sentencing also gave not just the judges power, but also gave the prison authorities extensive power. This would mean that in reality it would not be the judge to determine the term of the sentence but it would be in fact the prison authorities that determined the term of the sentence. Prison Authorities could in fact with reason exercise this power with little or no supervision.
A Pro of Indeterminate Sentencing if that it allows for discretion to adjust the length of the sentence to fit the individual circumstances (CJ 2010 Textbook Pg.139). A Con is that it can result in intentional and unintentional discrimination sentences from judge to judge that may vary so much as to appear as unfair (CJ 2010 Textbook Pg. 139). In this type of sentencing the judge has the greatest power to decide what the sentence will be for
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Better Essays

    Mass Incarceration Research Paper
    • 1480 Words
    • 6 Pages

    Mass Incarceration Research Paper

    minimum term, as opposed to leaving the length of punishment up to judges” ( US Legal).…

    • 1480 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Pros and Cons of Sentencing Guidelines and Mandatory Minimum Sentences
    • 602 Words
    • 3 Pages

    Pros and Cons of Sentencing Guidelines and Mandatory Minimum Sentences

    The United States Sentencing Commission is responsible for sentencing policy in federal courts. In 1980 they reformed the federal sentencing. The intent was to provide determinate sentencing. Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. “Coinciding with the development of determinate sentencing has been the development of sentencing guidelines to control and structure the process and make it more rational. Guidelines are usually based on the seriousness of a crime and the background of an offender: The more serious the crime and the more extensive the offender’s criminal background, the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime.…

    • 602 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Indeterminate Sentencing Research Paper
    • 423 Words
    • 2 Pages

    Indeterminate Sentencing Research Paper

    Determinate sentencing can take two forms: legislatively determined or judicially determined. In either case, the offender is sentenced to a specific term of incarceration. He or she is released at the expiration of the term, minus good time credits if they are available. There is no discretionary parole release, although there may be a period of supervision in the community. Under a legislatively determined structure, the legislature fixes by law the penalty for specific offenses or offense categories. In a judicially determined system, the judge has broad discretion to choose a sanction, but, once…

    • 423 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Prison Term Policy Research Paper
    • 2036 Words
    • 9 Pages

    Prison Term Policy Research Paper

    Before I render my decision to support the bill or not to support the bill, I must examine the disparity as it relates to prison sentencing within our judicial system. Sentence disparity is a term used to describe the variations and equities that result when defendants convicted of the same crime receive varying sentences; may refer also to varying sentences from state to state. An example of sentencing disparity is if a three-time offender in one jurisdiction receives 5 years for armed robbery,…

    • 2036 Words
    • 9 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Two Types Of Sentencing For Committing Crimes
    • 248 Words
    • 1 Page

    Two Types Of Sentencing For Committing Crimes

    Sentencing: For committing crimes such as: Vandalism, Trespass and Street Drinking you’ll be given an ASBO (Anti-social behaviour order) that lasts for 2 years (although it could be shortened if the offender behaves in a proper way E.g. not committing anymore anti social acts). Anyone over the age of 10 can be given an ASBO.…

    • 248 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Sentencing In The 20th Century
    • 354 Words
    • 2 Pages

    Sentencing In The 20th Century

    The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…

    • 354 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Model Of Indeterminate Sentencing
    • 939 Words
    • 4 Pages

    Model Of Indeterminate Sentencing

    An indeterminate sentence is decided by the sentencing judge, and is later reviewed by a release authority to determine the actual time that will be served. Indeterminate sentences are given at the time of the sentencing and are given a minimum to a maximum time to be served by the criminal. After the minimum term has been served, the offender is provided with the opportunity to be released, by being placed on the parole board. The parole board then determines the release date, time frame is between the minimum and maximum term sentence. If the parole board does not issue parole for the offender, he or she is to serve the maximum sentence. Upon completion of the sentence served, the offender is to be released. Determinate sentences are sentences that are fixed term to be serve. The offenders are eligible for release soon after completion of the time that was originally given. Unlike the indeterminate sentencing, offenders who are under the determinate sentences, t are not reviewed by any parole board and are to be released upon completion of his or her time served. The sentence that should be considered more normally is the indeterminate sentencing. The fact that the indeterminate sentencing has a parole board, should allow personnel to evaluate the individual and really determine if the criminal is eligible for release. The parole board should have all records of behavior and should have a minimum requirement of training completion, in rehabilitation. Training must be successful courses completed, showing the individual 's behavior improvement. If the offender does not have any, he or she may be considered to be released until the requirements are met. He or she may be given an option in six months for another review, in order to proceed to the parole board for release. (Seiter, R.P…

    • 939 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Indeterminate Sentencing Analysis
    • 185 Words
    • 1 Page

    Indeterminate Sentencing Analysis

    To address the question as to what style of sentencing guidelines I would prefer to be used within my state, I would have to sway towards indeterminate sentencing. The end goal is to rehabilitate those who enter the prison system for crimes they have committed. For most, they will eventually reenter society after completing their respective prison sentence. The hope is that those incarcerated have completed rehabilitative programs and can now be productive members of society. We as a society need to understand that law enforcement simply can’t arrest their way out of all the crimes committed on a daily basis. Additionally, each person’s situation should be examined separately. This includes examining the crime committed, the person’s criminal…

    • 185 Words
    • 1 Page
    Good Essays
    Read More
  • Satisfactory Essays

    Examples Of Mandatory Sentencing
    • 170 Words
    • 1 Page

    Examples Of Mandatory Sentencing

    For example, mandatory sentencing usually is imposed on offenders with drug and weapons charges and do not allow parole, but credit for good time. Unfortunately, expressed by several judges, they dislike the idea of having the sentencing guidelines.…

    • 170 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Better Essays

    Sentencing Proposal
    • 1139 Words
    • 5 Pages

    Sentencing Proposal

    The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…

    • 1139 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Determinate Sentencing vs. Indeterminate Sentencing
    • 334 Words
    • 2 Pages

    Determinate Sentencing vs. Indeterminate Sentencing

    Alternatively, determinant sentencing has a “fixed term of punishment for a criminal offense.” This means that suspects that are being sentenced with this type usually did not cause any harmful offense. I also like this type of sentencing because from a small type of crime we do not make a huge deal out of it, trusting the suspects on not doing the same crime again.…

    • 334 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Determinate vs. Indeterminate Sentencing
    • 344 Words
    • 2 Pages

    Determinate vs. Indeterminate Sentencing

    With a determinate sentence the convicted person is given a sentence that has a defined length to be served and cant’ be changed by a parole board or any other agency but may reduced by factors such as “good time”. While with an indeterminate sentence it consists of a range of the years that will be served. There is always a minimum sentence but the release date if any is uncertain. It is determined by a parole board when it periodically reviews the case, and could be given the possibility for parole. The problems that criminals with mental health problems face with determinate sentencing are the parole chance. The fact that there is no chance of parole with determinate sentencing makes it hard for the individual to get treatment for his or her disorder. Being in prison is a harsh place and with the fact that a individual with mental health problems is put into a penitentiary without getting help just add fuel to the fire making it harder and harder for them to recover. Also there is no probation given because they are sent straight to jail or prison were they are told to serve an exact time, which then leads to no chance of actual treatment for the individual. With prevention being one of the main goals of determinate sentencing it also leads to a chance of greater occurrence after the individual being released. Yes they are preventing crimes from happening while the criminal is incarcerated but what about when he’s released? He still has the same mental problems as before if they haven’t increased. They are given little to no treatment to help their mental problems therefore increasing the possibility of reoccurrence later. I believe that if a criminal with mental health issues is being served with a determinate sentence that he or she should first spend a set amount of time in a mental hospital until progress has been made and been noted as being safe to serve out the rest of his sentence in a prison or…

    • 344 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Sentencing Paper
    • 2161 Words
    • 9 Pages

    Sentencing Paper

    There are various forms of sentencing that are used in the criminal justice system and each has its’ own rationale. These include but are not limited to the death penalty, incarceration, suspended sentence, probation, and restitution. The death penalty must be requested by the prosecutor and in some rare cases the defense. The death penalty can also be recommended by a jury, however only specific crimes are eligible for the death penalty. Most states require a certain number of witnesses in order to qualify the defendant for the death penalty. These crimes vary from state to state and include aggravated rape of a victim under 14 (including repeat offenses), espionage, piracy, ransom kidnapping, treason, and most commonly aggravated first degree murder. Incarceration is another popular form of sentencing. Although jail and prison are often used interchangeably, they differ. A prison sentence is typically longer and for those who commit felonies. A jail sentence is shorter and for those who commit misdemeanors, who are awaiting trial, or waiting to be transferred to a state facility. The ideology behind prisons is easy to recognize. We follow prisons in every…

    • 2161 Words
    • 9 Pages
    Powerful Essays
    Read More
  • Good Essays

    Are Prisons too Lenient
    • 710 Words
    • 2 Pages

    Are Prisons too Lenient

    Also we could address this problem through the use of lengthening sentences of prisoners whose sentence has been deemed “unlawfully lenient” by the court. This however will only happen if the whole court deems the sentence “unlawfully lenient” also the crime must reach certain conditions and must be done within 28 days of the trial. This is done by the Crown Prosecutor Service who goes through a process in considering whether a sentence was too lenient or was just.…

    • 710 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Sentencing Philosophies
    • 353 Words
    • 1 Page

    Sentencing Philosophies

    The factors that go into determining sentencing are broke into three steps. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials. A factor that can change incarceration time is that of “good time”, this is when a reduction in time served by a prisoner is based on good behavior and other positive actions. This is said to promote discipline…

    • 353 Words
    • 1 Page
    Good Essays
    Read More

Related Topics